The areas we cover are UK skilled Worker Visa, UK Intra-Company Transfer Visa, UK HEALTH AND Care WORKER Visa UK International Sportsperson Visa  UK  Minister of Religion Visa (T2),  UK Representative of an Overseas Newspaper, News Agency or Broadcasting Organisation Visa.

LONG TERM WORK VISAS

You can no longer apply for a Tier 1 (Entrepreneur) visa.

If you want to set up or run a business in the UK you might be able to apply for an Innovator visa or a Start-up visa.

If you already have a Tier 1 (Entrepreneur) visa
You can still apply:

to settle in the UK (indefinite leave to remain)
to extend your visa
for family members to join you

Entrepreneur visa Tier 1

If you are a Commonwealth citizen and have a grandparent who was born in the UK, you may be able to live and work in the UK on the basis of your UK Ancestry.  A UK Ancestry visa can only be obtained from outside the UK. 

UK Ancestry visa

This Visa open to individuals who are  talent the field of 
 science, engineering, medicine, humanities, digital technology and arts and culture (including film and television, fashion design and architecture who wish to work in the UK.

Global TALENT VISAS

Artist and Entertainers
The UK is a world-leading hub for the creative industries. Whether you are an actor, musician, dancer or other performing artist, our immigration team are well experienced in the full range of UK visas available to artists and entertainers who to visit or work in the UK

Artist and Entertainers

The UK is a world-leading hub for the creative industries. Whether you are an actor, musician, dancer or other performing artist, our immigration team are well experienced in the full range of UK visas available to artists and entertainers who to visit or work in the UK




SECTOR EXPERTISE

This services cover,  SPONSOR COMPLIANCE,  SECTOR EXPERTISE,  LONG TERM WORK VISAS,  SHORT TERM WORK VISAS,  SPONSOR LICENCES, TALENT VISAS, and OTHER WORK VISAS

Business Immigration

We assist  UK IINNOVATOR VISA,  UK START-UP VISA,  UK REPRESENTATIVE OF AN OVERSEAS BUSINESS VISA, ECAA ANKARA AGREEMENT VISA

Business Visa

In order to employ skilled workers from outside the UK, UK employers must usually first apply to UK Visas and Immigration for a sponsor licence. Workers must have a job offer from an employer that has made a successful sponsor licence application before they can apply to come to, or remain in, the UK for work

What are the main eligibility requirements for a Sponsor Licence?
In order to obtain a sponsor licence, you will need to satisfy UK Visas and Immigration that:

Your company is a genuine organisation operating lawfully in the UK;
You are honest, dependable and reliable;
You are capable of carrying out your sponsor duties and evidencing your compliance in an appropriate timeframe and manner;
You can offer genuine employment that meets the appropriate skill level and appropriate rates of pay.
In order to establish that you are a genuine organisation operating lawfully in the UK, you will need to submit a number of company-related documents. The exact documents will depend upon the type of organisation that you are and the tiers that you wish to sponsor migrants under.

UKVI will assess whether you are honest, dependable and reliable by looking at your history and background, as well as that of the key personnel named on your application and any people involved in the day to day running of your business.

UKVI will examine your current human resources and recruitment practices in order to make sure that you are able to fulfil your sponsor duties.

Under the genuineness test, UKVI will look at the role that you are seeking to recruit foreign nationals for, and the extent to which this role fits within your organisation as a whole.

What else do I need to know about making a Sponsor Licence application?
You can apply for a sponsor licence online. At the end of the application, you will need to print out the submission sheet and post it to UK Visas and Immigration, along with the correct supporting documents.

Most sponsor licence applications are processed within 8 weeks.

As part of the sponsor licence application process, UK Visas and Immigration may visit your business premises in order to check if it satisfies the sponsorship criteria.

It is important that your sponsor licence application is prepared carefully, as there is no right of appeal if your licence application is refused. If you are refused a licence, you may not be able to apply again for up to five years, depending on the circumstances.

Once your application has been approved, you will be granted an A-rated sponsor licence, following which you can start assigning Certificates of Sponsorship to migrants who wish to work for you, and you will be listed under the register of sponsors.

You will be given access to the Sponsor Management System (SMS). This is an online portal where you can manage your licence. You must also use the system to report certain events, such as if a migrant fails to report to work.

A sponsor licence is valid for 4 years, after which you will need to apply for a Sponsor Licence Renewal.

WE CAN ALSO ASSIST WITH

In order to establish that you are a genuine organisation operating lawfully in the UK, you will need to submit a number of company-related documents to UKVI. You will also need to present information concerning your business activities in the UK, HR and recruitment practices and details of how your organisation intends to comply with the requirements of the sponsor licence. The documents will need to be received by UKVI within 5 working days of the date on which the online application form is submitted.

Sponsor Licence Suspensions and Revocations
If UKVI believe that you are breaching your duties and pose a threat to immigration control, your sponsor licence may be suspended. If you are subject to a Sponsor Licence Suspension, you will not be able to sponsor new migrants, but your current sponsored migrants will be unaffected. UKVI may then reinstate your licence, downgrade it or revoke it.

If you are failing to meet your sponsor duties in a serious way or stop operating in the UK, your licence will be revoked. If you are subject to a Sponsor Licence Revocation, any migrants that you sponsor will have their leave curtailed. They will be given 60 calendar days to find alternative sponsorship or leave the UK.

SPONSOR LICENCE APPLICATIONS

Short terms work visa apply to UK Graduate Visa, UK Intra-Company Graduate Trainee Visa, UK Youth Mobility Scheme Visa, UK Temporary Work – Creative Worker Visa UK Temporary Work – Seasonal Worker Visa, UK Temporary work- Charity worker Visa, UK Temporary work- Religious Worker Visa 

Short Terms Work Visa

This Visas category cover, Investor Visa, Investor Visa Extension, and Investor Visa ILR.

Investment Visas

This type of visas applies  to Spouse, Civil partner Unmarried Partner, Fiance, Proposed Civil Partner, Child, Adult Dependent Relative, Family  Member of PB Migrant.
SPOUSE VISA

The UK Spouse visa category is for partners of British citizens, persons with indefinite leave to remain in the UK or limited leave to remain  who wish to join, or stay with, their husband or wife in the UK.
 You can also apply for a UK Spouse visa if your Spouse is outside the UK, but intending to return to the UK with you.


Family & Partner Visas 

Under European Community Law, the right of residence gives EEA nationals the right to legally work and live in the UK.

At Solomon Shepherd Solicitors we recognize that every case has its own merits and an Immigration Expert will assess all of the relevant information surrounding your EEA Residence Permit. It is very important that an expert covers every detail of your case because only then can they fully inform you of the best way to process your application.


Our Solicitors will ensure that your paperwork is accurate and in order, as this will provide a solid backbone to your case. A well-presented set of documents will strengthen and validate your EEA Residence Permit application even further.


The EEA family permit is suitable for a non-EEA national who falls within one of these descriptions.

The spouse or civil partner of an EEA or Swiss national
A descendant (child or grandchild) of the EEA national or their spouse/civil partner under 21 years of age;
A dependent descendant (child or grandchild) of the EEA national or their spouse/civil partner aged 21 and over
A dependant relative in the ascending line (i.e. parents or grandparents) of an EEA or Swiss national or his/her spouse or civil partner.
 
How to Apply
Please contact  us we  will help you with this process.

Family Members
Unmarried Partners
Permanent Residence

EEA Visas

UK GLOBAL TALENT VISA

The UK Global Talent visa is open to talented and promising applicants within the fields of science, engineering, medicine, humanities, digital technology and arts and culture (including film and television, fashion design and architecture) who wish to work in the UK.

‘Talent’ applicants will already be leaders in their respective field, while ‘promise’ applicants will be able to show the potential to become leaders in their field. 

The UK Global Talent category is not subject to a cap on the number of applicants, does not require a job offer and can lead to settlement in the UK.  A dependent partner and dependent children under 18 can apply under this route.

TALENT VISA

UK Citizenship gives applicants who successfully obtain Citizenship status the same privileges as those born in Britain. You will:
 
Hold British status
Be granted a British Passport
Be free to work in the UK without restrictions
Be required to attend a Citizenship ceremony.
Depending on your current citizenship or nationality, you may be able to apply in several ways:
 
Naturalisation
Registration
Children
Stateless people
 
In order to be naturalised as a British citizen, you will need to meet certain statutory criteria with regard to your immigration status, length of residence in the UK, future intentions, knowledge of the English language and life in the UK, and good character.  The requirements for British Citizenship by Naturalisation vary slightly depending on whether you are married to a British citizen or not.

Apply for UK Citizenship: Not married to a British citizen

If you are not married to a British citizen (or do not wish to rely on your marriage to a British citizen) the Home Office must be satisfied that:

You were in the UK on the day five years before the date of your application;
You have not been absent from the UK for more than 450 days during the intervening five year period;
You have not been in the UK in breach of the immigration laws at any time during that five year period;
You have not been absent from the UK for more than 90 days during the 12 month period immediately preceding the date of your application;
You are not subject to any limit on the period for which you may remain in the UK and have not been subject to any such time limit at any time during the 12 month period immediately preceding the date of your application;
You are of good character;
You have sufficient knowledge of the English, Welsh or Scottish Gaelic language;
Your intentions are that if your application is successful your home (or principal home) will be in the UK.
Apply for UK Citizenship: Married to a British citizen

If you are married to a British citizen, the Home Office must be satisfied that:

You were in the UK on the day three years before the date of your application;
You have not been absent from the UK for more than 270 days during the intervening three year period;
You have not been in the UK in breach of the immigration laws at any time during that three year period;
You have not been absent from the UK for more than 90 days during the 12 month period immediately preceding the date of your application;
You are not subject to any time limit on the period for which you may remain in the UK at the date of your application;
You are of good character;
You have sufficient knowledge of the English, Welsh or Scottish Gaelic language.

British Citizenship  by Naturalisation

Indefinite leave to remain,  also referred to as settlement, is a status that a foreign citizen can apply for if they are already living in the UK. This status means that a migrant in the UK is permitted to live and work in the UK without restrictions.

Permission to enter and stay in the UK (‘Leave’) can be granted to a person for a specified period of time, known as Limited Leave, or can be granted for an indefinite time, known as Indefinite Leave. The granted Indefinite Leave to Remain (“ILR”) is often also referred to as “Settlement”, as this is essentially what the permission amounts to. A migrant who is  granted ILR is permitted to live and work in the UK without restrictions.

Most migrants will need to have been granted one or more periods of limited leave before being able to apply for Settlement/ ILR. The length of time that they will complete in the UK before they can apply for ILR is referred to as the “qualifying period”. The qualifying period will depend on the category and the circumstances of their leave in the UK.

Qualification for ILR status will depend on the category and circumstances of the individual but it will be based on the length of time spent in the UK. There are both financial factors and length of stay that need to be taken into account. For more information visit our indefinite leave to remain page.

ILR is a status non-EU citizens and their family members must be granted before applying for British citizenship.

For example: A migrant spouse of a settled person who meets the financial requirements will be required to complete 60 months in the UK before they can apply for ILR; a migrant spouse of a settled person who does NOT meet the financial requirements, is required to complete a period of 10 years in the UK before they can apply for ILR.

What are the Eligibility requirements for ILR application:
You must meet the requirements set out in the Immigration Rules which are relevant to the visa category which you are apply from.

All applicants aged 18-64 must meet the two parts of the Knowledge of Language and Life (“KOLL”) requirement by :
Passing the Life in the UK test, and
Meeting one of the following language qualifications:
having a speaking and listening qualification in English at B1 level or above of the Common European Framework of Reference for Languages (CEFR),or
having a degree that was taught or researched in English, or
being a national of an English-speaking country.

Indefinite Leave to Remain and leave to Remain

This section will explain the various routes available as a student and made simple by the point based system.  Please contact us and we can help  you on making an application to enter the united 
Kingdom under the following student categories
Short Term Study Visa
Tier 4 (Child) Student Visa
Tier 4 (General) Student Visa

Requirements for a UK Student Visa
In order to qualify for a UK Student Visa you will need to satisfy UK Visas and Immigration that:

You are aged 16 or over;
You have been offered an unconditional place on an approved course with a licensed student sponsor;
You can read, write, speak and understand English to at least CEFR Level B2 (if studying at degree level or above) or CEFR Level B1 (if studying at below degree level);
You have enough money to support yourself and pay for your course without relying on public funds;
You have the consent of your parent(s) or legal guardian if you are 16 or 17 years old;

Course Requirements for a UK Student Visa
Student Visa applicants can apply for a visa to study the following courses:

A full-time course that leads to a qualification below degree level (RQF level 3, 4 or 5) with at least 15 hours per week of organised daytime study;
A full-time course that leads to a qualification that is at degree level or above (RQF level 6, 7 or 8);
A full-time course that is at degree level or above (RQF level 6,7 or 8), that is equivalent to a UK higher education course and is being delivered as part of a longer course overseas;
A part-time course leading to a qualification that is above degree level (RQF level 7 or above);
A recognised foundation programme for postgraduate doctors or dentists (if you have finished a recognised UK degree in medicine or dentistry, received that degree from a registered student sponsor and spent your final year and at least one other year of studies leading to that degree in the UK);
An English language course at level B2 or above in the Common European Framework of Reference for Languages.

Student Visas

If you are a sponsor licence holder, you will be inspected by the Home Office at some point during the validity period of your licence.&nbsp;This is to make sure that the information you gave as part of your sponsor licence application is accurate and that you are able and continuing to comply with the duties and responsibilities of a licensed sponsor. UKVI may also visit your business premises to carry out checks before a decision on your sponsor licence application is made.&nbsp;&nbsp; Our immigration team can draw on their experience of Home Office compliance requirements to conduct an immigration audit of your business ahead of any Home Office inspection. <h2>What happens during a Home Office compliance visit?</h2> When UKVI compliance officers visit your business premises they will check that:<ul><li>Information that has been given to UKVI is accurate and complete</li><li>You are able to offer employment at the Tier 2 skill level</li><li>You are genuine and trading or operating lawfully in the UK</li><li>There are no reasons to believe you represent a threat to immigration control</li><li>You are committed to, and actually are, complying with all the duties of sponsorship</li></ul>You can expect your record keeping, reporting and immigration status monitoring processes and documentation to be reviewed in order to ensure that you remain compliant.The compliance officer may not give an indication of their assessment or your ability to comply with sponsor duties during the visit. <h2>What else do I need to know about sponsor compliance visits?</h2> The Home Office may check sponsors at random. These visits can be announced or unannounced.If your migrant workers perform their employment duties at a third party’s office, it is your responsibility to ensure that the third party is aware of the possibility of unplanned and unannounced visits and checks being conducted at their premises and ensure their full cooperation.If the compliance officers discover a problem before making a decision on your sponsor licence application then the application may be refused.If the compliance officers find discrepancies in your application after a decision has already been made to grant or renew your sponsor licence, they will take action against you. This could result in your licence being revoked, suspended, or downgraded, with repercussions for sponsored employees.The ratings of all licensed sponsors are on the Home Office website. A downgrade could result in negative publicity and reputational damage.If the Home Office considers that you have attempted deception in your sponsor licence application then this could result in prosecution. <h2>How an immigration audit by our immigration team can help</h2> Our immigration team can draw on their experience of Home Office compliance requirements to conduct a mock immigration audit of your business in advance of any Home Office inspection.Offering invaluable insights into Home Office practice and procedure, an immigration audit by our barristers will ensure that you, as a sponsor, are operating in compliance with the Government’s immigration compliance regime and are well prepared for a Home Office visit.During our mock immigration audit we will:<ul><li>Verify information that you gave on your sponsor licence application</li><li>Check your document management and record-keeping systems to ensure that you are complying with all of your sponsor duties (or will be able to comply if your licence application has not yet been decided)</li><li>Review the personnel files of any sponsored migrants to identify any deficiencies and areas for improvement</li><li>Interview any of your employees involved in the recruitment of migrant workers to prepare them for the type of questions that a Home Office inspector is likely to ask</li><li>Speak to any migrant workers to determine whether they are familiar with the terms and conditions of their UK visas</li><li>Conduct checks on other workers to ensure you are complying with your obligation to prevent illegal working</li></ul>Following our mock immigration audit, you will receive a comprehensive written report prepared by the immigration team who conducted the audit identifying risk areas and providing expert recommendations for improvement.If required, we can undertake a follow-up immigration audit to further assess any changes that have been implemented.

IMMIGRATION AUDITS

<h1>SPONSOR LICENCE APPLICATIONS</h1> In order to employ skilled workers from outside the UK, UK employers must usually first apply to UK Visas and Immigration for a sponsor licence. Workers must have a job offer from an employer that has made a successful sponsor licence application before they can apply to come to, or remain in, the UK for work. <h2>What are the main eligibility requirements for a Sponsor Licence?</h2> In order to obtain a sponsor licence, you will need to satisfy UK Visas and Immigration that:<ul><li>Your company is a genuine organisation operating lawfully in the UK;</li><li>You are honest, dependable and reliable;</li><li>You are capable of carrying out your sponsor duties and evidencing your compliance in an appropriate timeframe and manner;</li><li>You can offer genuine employment that meets the appropriate skill level and appropriate rates of pay.</li></ul>In order to establish that you are a genuine organisation operating lawfully in the UK, you will need to submit a number of company-related documents. The exact documents will depend upon the type of organisation that you are and the tiers that you wish to sponsor migrants under.UKVI will assess whether you are honest, dependable and reliable by looking at your history and background, as well as that of the key personnel named on your application and any people involved in the day to day running of your business.UKVI will examine your current human resources and recruitment practices in order to make sure that you are able to fulfil your sponsor duties.Under the genuineness test, UKVI will look at the role that you are seeking to recruit foreign nationals for, and the extent to which this role fits within your organisation as a whole. <h2>What else do I need to know about making a Sponsor Licence application?</h2> You can apply for a sponsor licence online. At the end of the application, you will need to print out the submission sheet and post it to UK Visas and Immigration, along with the correct supporting documents.Most sponsor licence applications are processed within 8 weeks.As part of the sponsor licence application process, UK Visas and Immigration may visit your business premises in order to check if it satisfies the sponsorship criteria.It is important that your sponsor licence application is prepared carefully, as there is no right of appeal if your licence application is refused. If you are refused a licence, you may not be able to apply again for up to five years, depending on the circumstances.Once your application has been approved, you will be granted an A-rated sponsor licence, following which you can start assigning&nbsp;Certificates of Sponsorship&nbsp;to migrants who wish to work for you, and you will be listed under the register of sponsors.You will be given access to the Sponsor Management System (SMS). This is an online portal where you can manage your licence. You must also use the system to report certain events, such as if a migrant fails to report to work.A sponsor licence is valid for 4 years, after which you will need to apply for a Sponsor Licence Renewal.If you fail to meet your sponsorship responsibilities, you could lose your licence. <h2>WE CAN ALSO ASSIST WITH</h2> Drafting representations in support of sponsor licence applications <ul><li>Advice on company-related documentation required by UKVI</li><li> </li><li>In order to establish that you are a genuine organisation operating lawfully in the UK, you will need to submit a number of company-related documents to UKVI. You will also need to present information concerning your business activities in the UK, HR and recruitment practices and details of how your organisation intends to comply with the requirements of the sponsor licence. The documents will need to be received by UKVI within 5 working days of the date on which the online application form is submitted.</li><li>Our immigration barristers can advise on the full range of company-related documents that UKVI will expect to see and also check your documents in order to ensure that they comply with Home Office requirements.</li></ul> Sponsor Licence Refusals There is no right of appeal against the refusal of an application for a sponsor licence.If the Sponsor Licence Refusal decision was the result of either a caseworker error or the result of supporting evidence sent as part of your application not being considered by UKVI then our immigration barristers can assist you to request that the error be corrected and, if appropriate, submit a new online sponsor licence application.If the decision to refuse your sponsor licence application was unlawful, unreasonable or procedurally improper, our immigration barristers can apply for Judicial Review and provide representation at Judicial Review hearings.We also assist employers to prepare fresh applications for sponsor licences following previous refusal decisions. Sponsor Licence Suspensions and Revocations If UKVI believe that you are breaching your duties and pose a threat to immigration control, your sponsor licence may be suspended. If you are subject to a&nbsp;Sponsor Licence Suspension you will not be able to sponsor new migrants, but your current sponsored migrants will be unaffected. UKVI may then reinstate your licence, downgrade it or revoke it.If you are failing to meet your sponsor duties in a serious way or stop operating in the UK, your licence will be revoked. If you are subject to a&nbsp;Sponsor Licence Revocation, any migrants that you sponsor will have their leave curtailed. They will be given 60 calendar days to find alternative sponsorship or leave the UK.

<h1>CERTIFICATES OF SPONSORSHIP</h1> Certificates of Sponsorship (‘CoS’) are electronic records which must be assigned for each migrant worker you employ. Each CoS will have a unique reference number which enables an applicant worker to apply for a visa. <h2>Requirements for a Certificate of Sponsorship</h2> In order to obtain a Certificate of Sponsorship from the Home Office, a sponsoring employer will need to complete a CoS form. The CoS form will ask for information such as the migrant’s personal information, contact details, work address(es) in the UK, job description, hours, salary, and start and end date of employment. The Certificate of Sponsorship must include the same details as stated in the applicant worker’s passport.There are two types of CoS:&nbsp;Defined Certificates&nbsp;and&nbsp;Undefined Certificates. It is the sponsoring employer’s responsibility to determine which type of CoS is needed for the migrant worker.&nbsp;Undefined Certificates of Sponsorship&nbsp;are available to individuals who are seeking to switch into the Skilled Worker category from within the UK or extend their stay in the UK as a Tier 2 (General) / Skilled Worker migrant. They are also for those applying on the Intra-Company, T5 or T2 routes. If you have an Undefined CoS available, it can be assigned immediately to a migrant applying from within the UK. If you do not have one available, you will need to make an allocation request to the Home Office, which can take up to 18 weeks to process with the possibility of speeding this up by using a priority change of circumstances request.Defined Certificates of Sponsorship&nbsp;are for Skilled Workers who are currently abroad. You must apply for a Defined CoS for an individual worker through the sponsorship management system (SMS). Applications are usually approved within one working day, but may take longer if UKVI needs to carry out further checks or requests further information. Once a Defined CoS has been approved, you can then assign it to the migrant.It is your responsibility, as the employer, to ensure that the applicant worker is informed when a CoS is assigned. A CoS can only be used once and will expire if it is not used by the applicant worker within 3 months of the employer assigning it to them.A CoS does not guarantee that a visa will be granted. Once you have assigned the CoS, the applicant worker will still need to submit a successful visa application under the&nbsp;<a href="https://immigrationbarrister.co.uk/personal-immigration/long-term-work-visas/skilled-worker-visa/" rel="noopener noreferrer" target="_blank" style="color: rgb(0, 159, 227); background-color: transparent;">Skilled Worker</a>,&nbsp;<a href="https://immigrationbarrister.co.uk/personal-immigration/long-term-work-visas/intra-company-transfer-visa/" rel="noopener noreferrer" target="_blank" style="color: rgb(0, 159, 227); background-color: transparent;">Intra Company</a>,&nbsp;<a href="https://immigrationbarrister.co.uk/personal-immigration/long-term-work-visas/minister-of-religion-visa-t2/" rel="noopener noreferrer" target="_blank" style="color: rgb(0, 159, 227); background-color: transparent;">T2 Minister of Religion</a>,&nbsp;<a href="https://immigrationbarrister.co.uk/personal-immigration/long-term-work-visas/sportsperson-visa-t2/" rel="noopener noreferrer" target="_blank" style="color: rgb(0, 159, 227); background-color: transparent;">T2 Sportsperson</a>, or one of the&nbsp;<a href="https://immigrationbarrister.co.uk/personal-immigration/short-term-work-visas/" rel="noopener noreferrer" target="_blank" style="color: rgb(0, 159, 227); background-color: transparent;">T5 Temporary Worker</a>&nbsp;categories of the points-based system. <h3>Undefined Certificates of Sponsorship&nbsp;</h3> There is no limit to the number of Undefined sponsorship certificates available.When you submit a&nbsp;<a href="https://immigrationbarrister.co.uk/business-immigration/business-immigration-services/sponsor-licence-applications/" rel="noopener noreferrer" target="_blank" style="color: rgb(0, 159, 227); background-color: transparent;">Sponsor Licence Application</a>&nbsp;you will be asked to estimate the number of Undefined Certificates of Sponsorship that you will need in the first year. You will need to provide evidence that you need the number of certificates applied for, and give the requisite details and documents for the role(s) and migrant(s).Each year you can renew your annual allocation or make an in-year allocation request if you require further Undefined Certificates of Sponsorship. You will need to consider whether you need a CoS for a person who needs to extend their permission stay in the UK, or if you have an employee in a different category (such as Tier 4 Student or T5 Youth Mobility Scheme) who will be switching into Skilled Worker, or an EEA national who is not applying for pre-settled or settled status. You will not need to factor in the calculation any potential migrants who you wish to sponsor who will be applying overseas, as they will require a Defined Certificate of Sponsorship and a different process applies, as detailed below. <h3>Defined Certificates of Sponsorship</h3>For Defined Certificates of Sponsorship, there is no longer a limit on the number available, and you are no longer required to apply on the first working day after the 5th day of each month. You can apply for the CoS at any time for the individual migrant worker who requires it.&nbsp;When requesting a CoS allocation, whether this is a Defined or an Undefined CoS, you should include details of the roles you wish to fill. For an Undefined CoS allocation request, you should provide details of the migrant, if known, and detail how the migrant was identified for the role.&nbsp; <h2>Certificate of Sponsorship Costs</h2> When you assign a Certificate of Sponsorship you will ordinarily need to pay a fee:<ul><li>£199 for a Worker</li><li>£21 for a Temporary Worker</li></ul>For citizens of the following countries, however, Certificates of Sponsorship are free: Austria, Belgium, Croatia, Republic of Cyprus, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Luxembourg, Malta, Netherlands, North Macedonia, Norway, Poland, Portugal, Slovakia, Spain, Sweden, and Turkey.If you assign a Certificate of Sponsorship to a worker applying as a Skilled Worker or Intra Company Transfer Migrant, you may also need to pay the Immigration Skills Charge. <h2>WE CAN ALSO ASSIST WITH</h2> Initially, your Undefined CoS allocation will be added to your SMS account, and you will have 12 months from the date your licence was granted to assign the CoS. After that time, any unassigned CoS will expire.Our immigration barristers regularly assist employers to prepare and assign Undefined Certificates of Sponsorship to Skilled Worker, Intra-company transfer, T2 or T5 prospective employees via the Sponsor Management System (SMS).

CERTIFICATES OF SPONSORSHIP

<h1>COMPLIANCE AND CIVIL PENALTIES</h1> All UK employers have a responsibility to avoid employing illegal workers.&nbsp;By carrying out appropriate document checks, employers may protect themselves from receiving a civil penalty or prosecution.<h4>Right to work checks</h4>Employers are under a duty to check that every employee has a right to work. You must conduct this check before your employees commence working for you. If you want to employ a worker from outside the European Economic Area, they must obtain, or already have, permission to work.You must obtain documents from either of the Home Office’s lists, List A or List B. List A is for people who are allowed to work in the UK indefinitely. List B is for people who are only entitled to work for a limited period of time. Obtaining the correct documents and keeping copies in the prescribed format will give you a ‘statutory excuse’ against a civil penalty if you later find out that the worker does not have the right to work. If you do not obtain the exact documents listed, you will not have a statutory excuse for that worker.You must check the documents in the presence of the holder, and before they start working for you. You must check several properties of the documents. It is good practice to record that you have checked each point.You must make a clear copy of each document in a format which cannot be altered and retain this copy securely for not less than two years after the employment has come to an end.If the person has time-limited permission to be in the UK and perform the work, you must carry out additional checks when that permission expires.It is unlawful to discriminate in employment practices because of race. To avoid discrimination, you should check all potential employees’ right to work documents.If a potential employee cannot prove their right to work then you should not employ them. If the employee already works for you, has time-limited permission to work and cannot prove their right to work in a follow up check, you should cease employing them.<h4>Civil Penalties</h4>If you are found to have employed a worker illegally, you may be liable for a civil penalty. Each illegal worker will attract a penalty.The Home Office will send you a notice telling you that your case is being referred to officials who will consider your liability for a civil penalty. If you do not think that you are liable for the civil penalty, you can object to the Home Office or appeal to a court if:<ul><li>You are not liable to pay the penalty (e.g. you are not the worker’s employer);</li><li>You have a statutory excuse (e.g. you undertook the correct document checks); or</li><li>The level of the penalty is too high (e.g. the Home Office did not take mitigating circumstances into account).</li></ul> The maximum penalty you can be made to pay is £20,000 per illegal worker (£5,000 if they are Croatian). The amount you will have to pay will depend on whether you have been found to employ illegal workers before, whether you have reported the illegal worker to the Home Office, whether you have co-operated with the Home Office and whether you generally comply with your employer duties to prevent illegal working.Whether you have to pay a civil penalty, and how much, will also depend on when the employee commenced working with you.There are options to pay a reduced penalty if you pay quickly, or pay by instalments. If you do not pay the penalty, object or appeal by the due dates, the Home Office will commence court action against you. If the Home Office is successful, you will have a County Court Judgment against you. This may impact upon your credit rating and affect your ability to act as a company director.It is also a criminal offence to knowingly employ an illegal worker, or employ an illegal worker where you had reasonable cause to believe that they did not have the right to work in the UK. You may face up to five years’ imprisonment and/or an unlimited fine.<h4>What else do I need to know about right to work checks and civil penalties?</h4> You can avoid incurring a civil penalty by conducting appropriate right to work checks. If you have carried out suitable document checks, you will have a ‘statutory excuse’ and will not be liable for a civil penaltyDocument checks will not protect you against prosecution if you knew the worker did not have permission to work, or if you could reasonably have known.The Home Office publishes lists of all civil penalties imposed on companies. These are freely accessible to the public using the Home Office website. The Home Office often also issues press releases to local and national media, naming companies that have employed workers illegally.If you later apply for a Tier 2 or 5 Sponsor Licence with a view to sponsoring foreign workers, any history of employing workers illegally will affect your application. <h4>How our immigration team can help</h4> Our immigration team are well versed in all the required right to work checks that employers must undertake. We work closely with businesses to ensure that their HR processes are robust and can help to design and audit current right to work checks in the workplace. We will simplify the process for you and help to protect you and your business from any immigration compliance issues.If you have been issued with a Notification of Liability for a Civil Penalty, our immigration barristers can advise as to the likelihood of establishing a statutory excuse. We also assist with submitting objections to the Civil Penalty Compliance Team and provide legal representation at civil penalty appeals in the County Court.We pride ourselves on being approachable and proactive in understanding and meeting our clients’ needs. We are a highly driven team, dedicated to providing clear and reliable immigration advice to employers as part of a professional and friendly service

COMPLIANCE AND CIVIL PENALTIES

<h1>SPONSOR LICENCE REFUSALS</h1> Once the Home Office has made a decision on your sponsor licence application, they will write to you to tell you whether your licence application has been approved or refused. There is no right of appeal against the refusal of an application for a sponsor licence.&nbsp;However, other potential remedies exist to challenge sponsor licence refusals. <h2>Challenging Sponsor Licence Refusals</h2> If the sponsor licence refusal&nbsp;decision was the result of either a caseworker error or the result of supporting evidence sent as part of your application not being considered by UKVI, then it is possible to request that the error be corrected and, if appropriate, submit a new online sponsor licence application.If the decision to refuse your sponsor licence application was unlawful, unreasonable or procedurally improper, then you can apply to judicially review the refusal decision.It is also possible to simply re-apply for a new sponsor licence, by submitting a fresh&nbsp;Sponsor Licence Application You can re-apply straight away if the Home Office refused your sponsor licence application because you failed to provide documents or information requested by a deadline for reasons beyond your control or because the online application was submitted by a representative.You will have to wait 6 months before re-applying for a sponsor licence if you have been refused for any of the following reasons:<ul><li>You submitted false documents or acted in bad faith;</li><li>You did not have sufficient processes to comply with your sponsor duties;</li><li>You have a relevant unspent criminal conviction;</li><li>You are legally banned from becoming a company director;</li><li>You do not have a trading presence in the UK;</li><li>You failed to meet the criteria to be a sponsor under the category which you applied.</li></ul> If you have received a&nbsp;civil Penalty&nbsp;then you should not re-apply for 12 months from the date on which the penalty became payable. In some cases, you may need to wait five years. <h2>What else do I need to know about Sponsor Licence Refusals?</h2> Requests for caseworker errors to be corrected need to be sent to the Home Office within 14 calendar days from the date of the refusal.The Home Office will not consider any additional evidence which was not available at the time of the original sponsor licence application.Applications for judicial review must be submitted promptly within 3 months of the refusal decision. You will first need to send a Pre-Action Protocol letter to the Home Office advising them of your intended judicial review claim and providing them with an opportunity to review their own decision. If you decide to submit a fresh Sponsor Licence Application you must ensure that the reasons for the earlier refusal are addressed as part of the application.If you do re-apply, it is likely that you will receive a visit from a UKVI compliance officer who will undertake relevant checks to establish that you have the necessary systems and procedures in place to meet your sponsorship obligations. <h2>How our immigration team can help</h2> We understand that if your business depends on skilled migrant workers, a sponsor licence refusal can be detrimental.Our immigration team are experts in challenging sponsor licence refusals.&nbsp;We assist employers to identify and remedy caseworker errors in sponsor licence refusal decisions and bring judicial review proceedings to challenge sponsor licence refusal decisions. We also assist employers to prepare fresh applications for sponsor licences following previous refusal decisions.We pride ourselves on being approachable and proactive in understanding and meeting our business clients’ needs. We are a highly driven team, dedicated to providing clear and reliable immigration advice directly to UK employers as part of a professional and friendly service.

SPONSOR LICENCE REFUSALS

<h1>SPONSOR LICENCE SUSPENSIONS</h1> If UK Visas and Immigration considers that you are breaching your sponsorship duties and pose a threat to immigration control, you may be subject to a sponsor licence suspension while they make further enquiries. <h2>Sponsor Licence Suspension</h2> If your sponsor licence is suspended, you will not be able to sponsor new migrants and your business will be removed from the public register of sponsors for the suspension period. However, your current sponsored migrants will be unaffected.Reasons for suspending a sponsor licence include, failing to retain information which is intrinsic to&nbsp;Resident Labour Market Test&nbsp;compliance, failing to keep appropriate records for sponsored migrants, unlawful salary variations or that an authorising officer is inappropriately qualified to assume his or her position.You must continue to comply with all sponsor duties throughout the period of suspension. If your licence is due to expire during the period of suspension, you will still need to apply for a Sponsor Licence Renewal if you want to keep it.Once UKVI has completed its enquiries, they may reinstate your licence, downgrade it or&nbsp;Revoke&nbsp;it. <h2>What else do I need to know about a Sponsor Licence Suspension?</h2> If you have received notice that your sponsor licence has been suspended by UKVI, you will have 20 working days to seek a review of the decision. Your response must be made in writing and set out, with supporting evidence, which grounds you believe to be incorrect and why.The Home Office will make a final decision based on your written response, so it is important that all mitigating arguments are clearly set out.Once UKVI has completed its enquiries, they may reinstate your licence, downgrade it or revoke it. <h2>How our team immigration can help</h2> We understand that receiving a sponsor licence suspension decision can be disruptive, costly and distressing for both employers and sponsored workers.Our immigration team work with sponsors to secure reinstatement of their sponsor licences following sponsor licence suspension decisions, ensuring that a robust case is presented to UKVI addressing any issues raised in suspension letters.We pride ourselves on being approachable and proactive in understanding and meeting our business clients’ needs. We are a highly driven team, dedicated to providing clear and reliable immigration advice directly to UK employers as part of a professional and friendly service. <h2>WE CAN ALSO ASSIST WITH</h2> Sponsor Licence Applications In order to employ skilled workers from outside the EU, UK employers must first submit a&nbsp;Sponsor Licence Application&nbsp;to UK Visas and Immigration for a Tier 2 and/or Tier 5 sponsor licence. Non-EEA nationals must have a sponsor before they can apply to come to, or remain in, the UK for work. Whether you require advice on the correct company-related documentation to provide in support of a sponsor licence application, assistance with drafting a compelling business case that will satisfy UKVI that you need a sponsor licence in order to fill a genuine role or guidance on running a compliant RLMT, our immigration team can manage the sponsor licence application process on your behalf.

SPONSOR LICENCE SUSPENSIONS

<h1>SPONSOR LICENCE RENEWALS</h1> Sponsor Licences are granted for an initial period of 4 years. If you wish to continue to sponsor migrants, you will need to renew your licence before it expires.&nbsp;If your sponsor licence renewal application is successful, your sponsor licence will be extended for a further 4 years. <h2>What are the main eligibility requirements for a Sponsor Licence Renewal?</h2> Sponsor licence renewal applications must be submitted online via the Sponsor Management System (SMS).Once you have submitted a valid application to renew your sponsor licence, you may be asked to send additional business-related documents to UKVI. Any additional corporate documents will need to be sent to the Home Office within 5 working days.If, as a sponsoring company, you fail to send requested documents, UKVI may reduce or remove your CoS allocation or downgrade, suspend or revoke&nbsp;your licence.When you apply to renew your sponsor licence, UKVI may visit your business premises. This is particularly likely if you have not received a Home Office compliance visit in the last 4 years.If UKVI compliance officers have any concerns about your actions as a sponsor then they may downgrade or revoke your licence. <h2>What else do I need to know about Sponsor Licence Renewals?</h2> As a sponsor company you can apply to renew your licence up to a maximum of 90 days before your licence is due to expire.If you have any sponsored migrants working for you and you want them to continue working for you, you must renew your licence before it expires, even if you do not plan to sponsor any new migrants.Before applying to renew a sponsor licence, it is important that thorough checks are carried out to ensure that sponsor licence details are correct and that all sponsor duties have been complied with.If you fail to renew your sponsor licence then you will not be able to assign any more CoS and your company details will be removed from the online public register of licensed sponsors.If you fail to renew your licence but continue to employ sponsored migrants, their leave will be curtailed. This means that they will have their visa shortened to 60 days, after which point they will have to switch immigration category, leave the UK or be subject to removal. <h2>How our immigration team can help</h2> Our business immigration team understand the importance of renewing your sponsor licence for your business operations. We will work with you to ensure that you are able to successfully extend your sponsor licence.Before an application to renew a sponsor licence is lodged with UKVI, we can help your organisation to check that all details on your sponsor licence are correct and make any necessary changes to your sponsor licence. We will ensure that all sponsorship duties have been complied with in relation to your migrant workers, including record-keeping, reporting and compliance checks. If the Home Office has not carried out an audit for some time, we can conduct a mock immigration Audit &nbsp;of your business in advance of any Home Office visit.We pride ourselves on being approachable and proactive in understanding and meeting our business clients’ needs. We are a highly driven team, dedicated to providing clear and reliable immigration advice directly to UK employers as part of a professional and friendly service.

SPONSOR LICENCE RENEWALS

<h1>SPONSOR LICENCE REVOCATIONS</h1> If UK Visas and Immigration considers that you are failing to meet your sponsor duties in a serious way or stop operating in the UK, your sponsor licence will be revoked. <h2>Sponsor Licence Revocation</h2> If your sponsor licence is revoked, any migrants you sponsor will have their leave curtailed. They will be given 60 calendar days to find alternative sponsorship or leave the UK. If they have less than 60 days to run on their visa it will not be curtailed, but they must find alternative sponsorship or leave the UK before it expires.Reasons for revoking a sponsor licence include having given false information when you made your Sponsor Licence Application, employing a migrant in a job that does not meet the skill level requirements and using a CoS to fill a vacancy other than the one specified on the CoS you assign for that role. Human resource policy failures are a common reason for revocation.There is no right of appeal against a decision to revoke a sponsor licence and you will not be allowed to apply for a sponsor licence again until the end of the appropriate cooling off period from the date your licence is revoked. <h2>What else do I need to know about Sponsor Licence Revocations?</h2> There is no right of appeal against a decision to revoke a sponsor licence. However, our immigration barristers can advise on the merits of applying for Judicial Review of a revocation decision and, where appropriate, provide representation in Judicial Review proceedings.If your sponsor licence is revoked, it is possible to submit a fresh&nbsp;Sponsor Licence Application after the cooling off period. However, the application will need to address the reasons why your previous licence was revoked.